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  82R1799 JE-D
 
  By: Burnam H.B. No. 465
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to abolishing the Texas Enterprise Fund, the Texas
  emerging technology fund, the Pan American Games trust fund, the
  Olympic Games trust fund, and a major events trust fund, a motor
  sports racing trust fund, and an events trust fund for sporting and
  non-sporting events.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  (a) Sections 481.078 and 481.080, Government
  Code, are repealed.
         (b)  The repeal by this Act of Sections 481.078 and 481.080,
  Government Code, does not affect the validity of any agreement
  between the governor and a grant recipient or entity to be awarded a
  grant entered into under Section 481.078 before the effective date
  of this Act.
         (c)  On the effective date of this Act, the Texas Enterprise
  Fund is abolished and the unexpended and unencumbered money from
  that fund is available in the general revenue fund and may be used
  in accordance with legislative appropriation.
         (d)  After the effective date of this Act, unspent but
  encumbered money in the Texas Enterprise Fund at the time the fund
  was abolished is in the general revenue fund. If the money was
  deposited in the Texas Enterprise Fund as a gift, grant, or donation
  under Section 481.078(b)(3), Government Code, and is encumbered by
  the specific terms of the gift, grant, or donation, the money may be
  spent only in accordance with the terms of the gift, grant, or
  donation. If the money is encumbered because it has been awarded or
  otherwise obligated by agreement before the effective date of this
  Act but under the terms of the award or agreement will not be
  distributed until a future time, the money shall be distributed in
  accordance with the terms of the award or agreement. If the
  governor determines that the money will not be distributed in
  accordance with the terms of the award or agreement, the governor
  shall certify that fact to the comptroller. On that certification,
  the comptroller shall make that money available in the general
  revenue fund to be used in accordance with legislative
  appropriation.
         (e)  Section 481.078, Government Code, is continued in
  effect for the limited purpose of supplying the necessary authority
  to administer Subsection (d) of this section.
         SECTION 2.  (a) Subchapters A, B, C, D, E, F, and G, Chapter
  490, Government Code, are repealed.
         (b)  The repeal by this Act of Subchapters A, B, C, D, E, F,
  and G, Chapter 490, Government Code, does not affect the validity of
  any agreement between the governor and an award recipient or a
  person or entity to be awarded money entered into under those
  subchapters before the effective date of this Act.
         (c)  On the effective date of this Act, the Texas emerging
  technology fund is abolished and the unexpended and unencumbered
  money from that fund is available in the general revenue fund and
  may be used in accordance with legislative appropriation.
         (d)  After the effective date of this Act, unspent but
  encumbered money in the Texas emerging technology fund at the time
  the fund was abolished is in the general revenue fund. If the money
  was deposited in the Texas emerging technology fund as a gift,
  grant, or donation under Chapter 490, Government Code, and is
  encumbered by the specific terms of the gift, grant, or donation,
  the money may be spent only in accordance with the terms of the
  gift, grant, or donation. If the money is encumbered because it has
  been awarded or otherwise obligated by agreement before the
  effective date of this Act but under the terms of the award or
  agreement will not be distributed until a future time, the money
  shall be distributed in accordance with the terms of the award or
  agreement. If the governor determines that the money will not be
  distributed in accordance with the terms of the award or agreement,
  the governor shall certify that fact to the comptroller. On that
  certification, the comptroller shall make that money available in
  the general revenue fund to be used in accordance with legislative
  appropriation.
         (e)  After the effective date of this Act, any royalties,
  revenues, and other financial benefits realized from a project
  undertaken with money from the Texas emerging technology fund, as
  provided by a contract entered into under Section 490.103,
  Government Code, shall be deposited into the general revenue fund.
         (f)  Subchapters A, B, C, D, E, F, and G, Chapter 490,
  Government Code, are continued in effect for the limited purpose of
  supplying the necessary authority to administer Subsections (d) and
  (e) of this section.
         SECTION 3.  (a)  On the effective date of this Act:
               (1)  Chapter 1507 (S.B. 456), Acts of the 76th
  Legislature, Regular Session, 1999 (Article 5190.14, Vernon's
  Texas Civil Statutes), is repealed; and
               (2)  the following trust funds established under that
  chapter are abolished:
                     (A)  the Pan American Games trust fund;
                     (B)  the Olympic Games trust fund;
                     (C)  a major events trust fund;
                     (D)  a motor sports racing trust fund; and
                     (E)  an events trust fund.
         (b)  The applicable provisions of Chapter 1507, (S.B. 456),
  Acts of the 76th Legislature, Regular Session, 1999 (Article
  5190.14, Vernon's Texas Civil Statutes), as that chapter existed
  immediately before the effective date of this Act, including any
  applicable trust funds established under that chapter, remain in
  effect as those provisions apply in relation to the particular
  games or events described by this subsection until all money from
  the trust funds for the particular games or events has been
  disbursed and all obligations under those games support contracts
  or event support contracts have been satisfied. This subsection
  applies only if, before the effective date of this Act:
               (1)  pursuant to an application by a local organizing
  committee, endorsing municipality, or endorsing county, a site
  selection organization selects a site in this state for particular
  games or a particular event to which Chapter 1507 applies; and
               (2)  one or more games support contracts or event
  support contracts for the particular games or event have been
  entered into.
         (c)  The repeal by this Act of Chapter 1507 (S.B. 456), Acts
  of the 76th Legislature, Regular Session, 1999 (Article 5190.14,
  Vernon's Texas Civil Statutes), does not apply to an offense
  committed under that chapter before the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by that chapter as it existed on the date the offense was
  committed, and the former law is continued in effect for that
  purpose. For purposes of this subsection, an offense was committed
  before the effective date of this Act if any element of the offense
  occurred before that date.
         SECTION 4.  Section 204.123, Labor Code, is amended to read
  as follows:
         Sec. 204.123.  TRANSFER TO [TEXAS ENTERPRISE FUND,] SKILLS
  DEVELOPMENT FUND, TRAINING STABILIZATION FUND, AND COMPENSATION
  FUND. (a) If, on September 1 of a year, the commission determines
  that the amount in the compensation fund will exceed 100 percent of
  its floor as computed under Section 204.061 on the next October 1
  computation date, the commission shall transfer from the holding
  fund created under Section 204.122:
               (1)  [from] the first $160 million deposited in the
  holding fund in any state fiscal biennium[:
                     [(A)  during the state fiscal biennium ending
  August 31, 2007:
                           [(i)  67 percent to the Texas Enterprise
  Fund created under Section 481.078, Government Code, except that
  the amount transferred under this paragraph may not exceed the
  amount appropriated by the legislature to the Texas Enterprise Fund
  in that biennium; and
                           [(ii)  33 percent to the skills development
  fund created under Section 303.003, except that the amount
  transferred under this paragraph may not exceed the amount
  appropriated by the legislature to the skills development program
  strategies and activities in that biennium; and
                     [(B)  during any state fiscal biennium beginning
  on or after September 1, 2007:
                           [(i)  75 percent to the Texas Enterprise
  Fund created under Section 481.078, Government Code, except that
  the amount transferred under this paragraph may not exceed the
  amount appropriated by the legislature to the Texas Enterprise Fund
  in that biennium; and
                           [(ii)  25 percent] to the skills development
  fund created under Section 303.003, except that the amount
  transferred under this subdivision [paragraph] may not exceed the
  amount appropriated by the legislature to the skills development
  program strategies and activities in that biennium; and
               (2)  any remaining amount in the holding fund after the
  distribution under Subdivision (1) to the training stabilization
  fund created under Section 302.101.
         (b)  If, on September 1 of a year, the commission determines
  that the amount in the compensation fund will be at or below 100
  percent of its floor as computed under Section 204.061 on the next
  October 1 computation date, the commission shall transfer to the
  compensation fund as much of the amount in the holding fund as is
  necessary to raise the amount in the compensation fund to 100
  percent of its floor, up to and including the entire amount in the
  holding fund. The commission shall transfer any remaining balance
  in the holding fund to [the Texas Enterprise Fund,] the skills
  development fund[,] and the training stabilization fund as [in the
  percentages] prescribed by Subsection (a).
         SECTION 5.  Sections 302.101(b) and (c), Labor Code, are
  amended to read as follows:
         (b)  Money in the training stabilization fund may be used in
  a year in which the amounts in the employment and training
  investment holding fund are insufficient to meet the legislative
  appropriation for that fiscal year for [either the Texas Enterprise
  Fund or] the skills development program strategies and activities.
         (c)  Money in the training stabilization fund shall be
  transferred to [the Texas Enterprise Fund and] the skills
  development fund under Subsection (b) not later than September 30.
  [The transfer under Subsection (b) shall consist of transferring 67
  percent of the money in the training stabilization fund to the Texas
  Enterprise Fund and 33 percent of the money in the training
  stabilization fund to the skills development fund.] The amount
  transferred from the training stabilization fund may not exceed the
  amount [amounts] appropriated to the [Texas Enterprise Fund and]
  skills development program strategies and activities in the fiscal
  year in which the transfer is made.
         SECTION 6.  This Act takes effect September 1, 2011.